DETAILED ACTION
Summary
This Office Action is in response to reply dated June 3, 2026. Claims 1-8 are currently pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 3-8 are rejected under 35 U.S.C. 103 as being unpatentable over Farmer (US 9,600,676 B1) in view of Rivera (US 2016/0359822 A1).
Regarding claim 1, Farmer discloses a measurement device capable of performing wireless communication (see at least Figures 1-2, items 100 and 200 | col. 5, lines 28-64, note wearable device 100 | Figure 8, items 800 and 830 | col. 11, lines 18-31, note Figure 8 illustrates the components of the wearable/wrist-mounted devices 100/200, the server 730 and associated computing devices 762 | col. 13, lines 42-67, note the communications interface 830) with
an information terminal on which a first application and a second application are installed (see at least Figures 10-12, items 760a, 762, 1016 and 1018 | col. 16, lines 20-22, note the associated computing device 762 executes at least a first application 1016 and a second application 1018 | col. 19, lines 1-4, note the information terminal could also correspond to a second wearable (measurement) device, because communication can be between applications stored on each wearable device | col. 14, lines 32-49, note communication between two wearable devices, that is, each wearable device can transmit sensitive information to the other wearable device), the measurement device comprising:
a wireless communication unit configured to perform the wireless communication (see at least Figure 8, item 830);
a storage unit (see at least Figure 8, item 860 | col. 12, lines 19-31, note the computer readable medium 860) configured to store
a first identifier for identifying the measurement device in the wireless communication (see at least col. 16, lines 46-58, note each application, that is those in the associated computing devices and those in the wearable devices, can store an application identifier, such as App1016, and a Key1016, which can be a public key associated with the application 1016, a generated key, a reference, such as an address, to a public key associated with the application and/or some other information about a key | col. 19, line 18 – col. 20, line 14, note each application of the wearable device 100/760a stores at least a first identifier, corresponding to a private key, of two private/public pairs of keys such that application 1010 and application 1014 can identify the measurement device in wireless communication with the associated computing device 762 | col. 18, lines 9-11, note the keys per application differ from one another | col. 17, lines 1-7, note a shared secret) and
a second identifier for identifying the measurement device in the wireless communication (see at least col. 16, lines 46-58, note each application, that is those in the associated computing devices and those in the wearable devices, can store an application identifier, such as App1016, and a Key1016, which can be a public key associated with the application 1016, a generated key, a reference, such as an address, to a public key associated with the application and/or some other information about a key | col. 19, line 18 – col. 20, line 14, note each application of the wearable device 100/760a stores at least a first identifier, corresponding to a private key, of two private/public pairs of keys such that application 1010 and application 1014 can identify the measurement device in wireless communication with the associated computing device 762 | col. 18, lines 9-11, note the keys per application differ from one another | col. 17, lines 1-7, note a shared secret); and
a control unit (see at least Figure 8, item 840 | col. 11, lines 40-58, note the processor(s) 840) configured to execute
a first control causing the communication unit to execute the wireless communication with the first application by using the first identifier (see at least col. 13, lines 42-51, note communications can be via Bluetooth, Zigbee, Wi-Fi, WiMAX, etc. | Figure 12, items 1010↔1016 or 1014↔1016 | Figure 12, item App1018 and App1016, and further note that if SA 1014 and App 1010 were to request sensitive information, they would also each store and transmit App1014 and App1010 | col. 20, lines 20-33, note App1018 or App1016 and a reference to a public key | col. 19, line 54 – col. 20, line 14 | col. 21, lines 60-65, note all requests | col. 22, lines 17-19, note all responses | col. 23, lines 40-55) and
a second control causing the communication unit to execute the wireless communication with the second application by using the second identifier (see at least col. 13, lines 42-51 | Figure 12, items 1010↔1018 or 1014↔1018 | Figure 12, item App1018 and App1016, and further note that if SA 1014 and App 1010 were to request sensitive information, they would also each store and transmit App1014 and App1010 | col. 20, lines 20-33, note App1018 or App1016 and a reference to a public key || col. 19, line 54 – col. 20, line 14 | col. 21, lines 60-65, note all requests | col. 22, lines 17-19, note all responses | col. 23, lines 40-55).
However, Farmer does not specifically disclose a device address.
It is known to use an identifier in public key encryption. For example, Rivera teaches a system that utilizes a device address (see at least [0061-0063] note retrieval of a key via an email address or unique identifier, that is, the unique identifier is an address).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Rivera into Farmer. This provides a known alternative way to encrypt Farmer’s communications via Farmer’s application identifier or reference to the key, thus providing predictable results.
Regarding claim 3, Farmer in view of Rivera teach wherein the first device identifier is an device identifier of the measurement device shared through pairing between the measurement device and the first application, and the second device identifier is an device identifier of the measurement device shared through pairing between the measurement device and the second application (see at least col. 20, lines 20-33 of Farmer, note at least the application identifier and reference for the public key are shared between any applications that what to share sensitive information | [0061-0063] of Rivera, note retrieval of a key via an email address or unique identifier, that is, the unique identifier is an address | col 20, lines 23-33 of Farmer, note public keys can be retrieved via the first and second applications in the pairing process, and vice versa | col. 19, lines 1-9 of Farmer | col. 23, lines 40-55 of Farmer, note wearables can communicate with other wearables, associated computing devices and servers; and associated computing devices can communicate with wearables, other associated computing devices, and servers, etc. using at least two private/public pairs of keys per application, wherein any device can be the initiator in the communication session, such as wearable 1 initiates communication with wearable 2).
Regarding claim 4, Farmer in view of Rivera teach wherein the control unit alternately executes the first control and the second control (see at least Figures 11-12 of Farmer, note communication with application 1016 is executed in steps 1110-1128, and communication with application 1018 is executed in steps 1130-1164).
Regarding claim 5, Farmer in view of Rivera teach wherein the control unit transmits measurement data obtained through measurement by the measurement device to the first application through the first control, and transmits the measurement data to the second application through the second control (see at least Figure 11, steps 1128 and 1158 of Farmer | col. 4, lines 11-16 of Farmer, note physiological parameters | col. 21, lines 60-64 of Farmer, note all requests sensitive/non-sensitive are encrypted and digitally signed | col. 22, lines 15-19 of Farmer, note all responses to data requests can be encrypted and digitally signed regardless of the sensitive/non-sensitive type of data).
Regarding claim 6, Farmer in view of Rivera teach wherein the control unit executes transmission of the measurement data to the second application through the second control upon completion of transmission of the measurement data to the first application through the first control (see at least Figure 11, steps 1128 and 1158 of Farmer | col. 4, lines 11-16 of Farmer, note physiological parameters | col. 21, lines 60-64 of Farmer, note all requests sensitive/non-sensitive are encrypted and digitally signed | col. 22, lines 15-19 of Farmer, note all responses to data requests can be encrypted and digitally signed regardless of the sensitive/non-sensitive type of data).
Regarding claim 7, Farmer in view of Rivera teach wherein the control unit causes the wireless communication unit to transmit the measurement data to the first application using a first protocol in the first control, and causes the wireless communication unit to transmit the measurement data to the second application using a second protocol different from the first protocol in the second control (see at least Figure 11, steps 1110-1128 and 1130-1158 of Farmer | col. 4, lines 11-16 of Farmer, note physiological parameters | col. 21, lines 60-64 of Farmer, note all requests sensitive/non-sensitive are encrypted and digitally signed | col. 22, lines 15-19 of Farmer, note all responses to data requests can be encrypted and digitally signed regardless of the sensitive/non-sensitive type of data | col. 13, lines 42-51 of Farmer, note communications can be via Bluetooth, Zigbee, Wi-Fi, WiMAX, etc.).
Regarding claim 8, Farmer discloses a non-transitory computer-readable recording medium, storing a control program, executable by a processor (see at least Figure 8, item 860 | col. 12, lines 19-31, note the computer readable medium 860 | col. 30, line 61 – col. 31, line 26) for a measurement device capable of performing wireless communication (see at least Figures 1-2, items 100 and 200 | col. 5, lines 28-64, note wearable device 100 | Figure 8, items 800 and 830 | col. 11, lines 18-31, note Figure 8 illustrates the components of the wearable/wrist-mounted devices 100/200, the server 730 and associated computing devices 762 | col. 13, lines 42-67, note the communications interface 830) with an information terminal on which a first application and a second application are installed (see at least Figures 10-12, items 760a, 1010, 1012, 1014, 762, 1016 and 1018 | col. 16, lines 20-22, note the associated computing device 762 executes at least a first application 1016 and a second application 1018 | col. 19, lines 1-4, note the information terminal could also correspond to a second wearable (measurement) device, because communication can be between applications stored on each wearable device | col. 14, lines 32-49, note communication between two wearable devices, that is, each wearable device can transmit sensitive information to the other wearable device), the measurement device comprising:
a wireless communication unit configured to perform the wireless communication (see at least Figure 8, item 830); and
a storage unit (see at least Figure 8, item 860 | col. 12, lines 19-31, note the computer readable medium 860) configured to store
a first identifier for identifying the measurement device in the wireless communication (see at least col. 16, lines 46-58, note each application, that is those in the associated computing devices and those in the wearable devices, can store an application identifier, such as App1016, and a Key1016, which can be a public key associated with the application 1016, a generated key, a reference, such as an address, to a public key associated with the application and/or some other information about a key | col. 19, line 18 – col. 20, line 14, note each application of the wearable device 100/760a stores at least a first identifier, corresponding to a private key, of two private/public pairs of keys such that application 1010 and application 1014 can identify the measurement device in wireless communication with the associated computing device 762 | col. 18, lines 9-11, note the keys per application differ from one another | col. 17, lines 1-7, note a shared secret) and
a second identifier for identifying the measurement device in the wireless communication (see at least col. 16, lines 46-58, note each application, that is those in the associated computing devices and those in the wearable devices, can store an application identifier, such as App1016, and a Key1016, which can be a public key associated with the application 1016, a generated key, a reference, such as an address, to a public key associated with the application and/or some other information about a key | col. 19, line 18 – col. 20, line 14, note each application of the wearable device 100/760a stores at least a first identifier, corresponding to a private key, of two private/public pairs of keys such that application 1010 and application 1014 can identify the measurement device in wireless communication with the associated computing device 762 | col. 18, lines 9-11, note the keys per application differ from one another | col. 17, lines 1-7, note a shared secret),
wherein the control program causes the processor of the measurement device to execute processing of executing (see at least Figure 8, item 840 | col. 11, lines 40-58, note the processor(s) 840)
a first control causing the communication unit to execute the wireless communication with the first application by using the first identifier (see at least col. 13, lines 42-51, note communications can be via Bluetooth, Zigbee, Wi-Fi, WiMAX, etc. | Figure 12, items 1010↔1016 or 1014↔1016 | Figure 12, item App1018 and App1016, and further note that if SA 1014 and App 1010 were to request sensitive information, they would also each store and transmit App1014 and App1010 | col. 20, lines 20-33, note App1018 or App1016 and a reference to a public key | col. 19, line 54 – col. 20, line 14 | col. 21, lines 60-65, note all requests | col. 22, lines 17-19, note all responses | col. 23, lines 40-55) and
a second control causing the communication unit to execute the wireless communication with the second application by using the second identifier (see at least col. 13, lines 42-51 | Figure 12, items 1010↔1018 or 1014↔1018 | Figure 12, item App1018 and App1016, and further note that if SA 1014 and App 1010 were to request sensitive information, they would also each store and transmit App1014 and App1010 | col. 20, lines 20-33, note App1018 or App1016 and a reference to a public key || col. 19, line 54 – col. 20, line 14 | col. 21, lines 60-65, note all requests | col. 22, lines 17-19, note all responses | col. 23, lines 40-55).
However, Farmer does not specifically disclose a device address.
It is known to use an identifier in public key encryption. For example, Rivera teaches a system that utilizes a device address (see at least [0061-0063] note retrieval of a key via an email address or unique identifier, that is, the unique identifier is an address).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Rivera into Farmer. This provides a known alternative way to encrypt Farmer’s communications via Farmer’s application identifier or reference to the key, thus providing predictable results.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Farmer (US 9,600,676 B1) in view of Rivera (US 2016/0359822 A1) as applied to claim 1 above, and in further view of Nix (US 2019/0356482 A1).
Regarding claim 2, Farmer in view of Rivera do not specifically teach wherein the wireless communication unit includes a storage area storing a device address and performs the wireless communication by using the device address stored in the storage area, and the control unit executes the first control or the second control by storing the first device address or the second device address in the storage area.
It is known store identifiers in different ways. For example, Nix teaches a communication system wherein the wireless communication unit includes a storage area storing a device address and performs the wireless communication by using the device address stored in the storage area (see at least Figure 1, item 102i or 102n | [0108] note 102i is the MAC address of the wireless communication device and is recorded in the non-volatile memory 102f | [0073] note 102n is the MAC address of the wireless communication device), and the control unit executes the first control or the second control by storing the first identifier or the second identifier in the storage area (see at least Figure 1b, items 102*, 102n, 102p PR and 102r pR | [0072-0073] note the MAC address and public/private keys 102p PR and 102r pR are stored in a table 102u in memory 102f).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Nix into Farmer in view of Rivera. This provides the ability to store, categorize and separate identifiers in memory for communication.
Response to Arguments
Applicant’s arguments filed June 3, 2026 have been fully considered but they are not persuasive.
Applicant argues on page 5 of the reply “As can be seen from the above, the Examiner asserts that Farmer discloses ‘a first identifier’. However, the Examiner does not assert that, nor provide any explanation where, Farmer discloses a second identifier.”
In response, Farmer’s wearable device 760a can communicate with an associated computing device 762 and/or a second wearable device 760b (see Figure 7B | col. 14, lines 32-49). Each wearable device 760a/760b and associated computing device 762 comprise at least two different applications (see Figure 11, items 1014, 1010, 1016, 1018). If any application needs sensitive data, either wearable to wearable or wearable to associated computing device, an authentication or pairing process is performed before any sensitive information can be transmitted.
For example, application 1016 can send App1016, which is an identifier associated with application 1016, and Key1016, which is information about a key or other secret associated with application 1016. Key1016 can be a public key associated with application 1016, a key generated by application 1016, a reference to a public key associated with application 1016, another key associated with application 1016, and/or some other information about a key or other secret associated with application 1016 (see col. 16, lines 46-59). That is, application 1016 stores at least App1016 and a Key1016, and application 1018 stores at least App1018 and a Key1018. In addition, both are transmitted from one application to the other to receive sensitive data as shown in the Figure 11 below. Whenever an application on a wearable device or associated computing device requests sensitive data, it transmits at least its application identifier and key to the corresponding application on a different wearable device or associated computing device. For at least these reasons, Applicant’s arguments are not persuasive.
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Applicant argues “Further, the Examiner asserts that the keys per application differ from one another. However, this assertion is not sufficient to teach both a first and second identifier identifying a measurement device.”
In response, as illustrated above, each application of the wearable devices and associated computing devices, of which there is at least two applications, comprises at least an application identifier and key. Applicant’s arguments are not persuasive.
Applicant argues “As can be seen from the above citation, Farmer discloses that multiple applications can have corresponding keys to enable secured communication. However, Farmer does not disclose two different identifiers for identifying the measurement device.”
In response as illustrated above, each application of the wearable devices and associated computing devices, of which there is at least two applications, comprises at least an application identifier and multiple keys. Applicant’s arguments are not persuasive.
Applicant argues “As can be seen from the above, in defining a public key, Farmer discloses that the information regarding the key relates to the application 1016. It does not include identifying information about the measurement device and further does not disclose two identifiers identifying the measurement device.
Thus, Farmer does not teach ‘a storage unit configured to store a first identifier for identifying the measurement device in the wireless communication and a second identifier for identifying the measurement device in the wireless communication.’”
In response, an associated computing device 762 comprises an application identifier and at least a public/private key pair for App 1016. The associated computing device 762 also comprises an application identifier and at least a public/private key pair for App 1018. The wearable device 760a also comprises an application identifier and at least a public/private key pair for App 1010. The wearable device 760a also comprises an application identifier and at least a public/private key pair for App SA 1014 (see at least col. 20, lines 20-33 | col. 19, lines 29-62).
It is clear that when a first application of a wearable device or associated computing device requests sensitive information from a wearable device, it transmits at least that respective application’s application identifier and a key (or reference to a public key). Because there are at least two applications per wearable device and associated computing device, there are at least two application identifiers, at least two public/private keys, and two references to a public key. Applicant’s arguments are not persuasive.
In addition, as addressed above, Farmer clearly teaches “a control unit configured to execute a first control causing the communication unit to execute the wireless communication with the first application by using the first identifier and a second control causing the communication unit to execute the wireless communication with the second application by using the second identifier.” Applicant’s arguments are not persuasive.
With respect to Applicant’s remarks concerning “In an effort to advance prosecution of the instant application, Applicant has amended claim 1 to clarify that the identifiers are device addresses. As can be seen from the above, the Examiner seems to equate ‘identifier’ in the claims as a ‘key’ of Farmer, which is used for encryption. This key of Farmer is not a device address, and is not used for identifying a measurement device, as recited in Applicant's amended claim 1. Therefore, for at least these reasons, Applicant respectfully submits that Applicant’s amended claim 1, together with claims dependent thereon, are patentable over the cited art.”
In response, Farmer clearly transmits at least two application identifiers and at least two references to a public key (see at least col. 20, lines 20-33). Rivera simply illustrates that a public key can be retrieved from a server using a given identifier, such as an email address or a unique identifier (see [0061]). That is, Farmer’s application identifier equates to an address. Applicant’s arguments are not persuasive.
Conclusion
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/BRIAN WILSON/Primary Examiner, Art Unit 2689
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